'Adjourning Case Over Bar's Strike Proposal Could Invite Disciplinary Action': Allahabad HC Issues Show Cause Notice To SDM

The Allahabad High Court last week pulled up a Sub Divisional Magistrate (SDM) for adjourning a case in deference to a resolution of the local Bar Association in Aligarh calling upon the Advocates to abstain from judicial work. A bench of Justice JJ Munir observed that accepting such a strike resolution may amount to misconduct on the part of the Presiding Officer and could invite a recommendation for disciplinary action, including removal from office. The single judge also issued a show cause to the officer concerned, asking her why appropriate action may not be taken against her for adjourning a case in view of the Bar's resolution. The matter pertains to a restoration application filed by Satyapal Singh before the SDM under Section 38(2) of the UP Revenue Code, 2006. The case was adjourned on the hearing date (July 25, 2025) since the Advocates were abstaining from work that day, and the matter was fixed for July 287. Strongly disapproving of the conduct of the concerned SDM, the bench observed thus: "It is well settled by now that any kind of abstinence from professional duty on a call by the Bar Association, is absolutely illegal and non-est…If no one appeared to press the restoration application and there was a resolution by the Bar, the Court could not have sided with the resolution and fallen foul of the law laid down by the Supreme Court". In this regard, the Court referred to certain Supreme Court decisions in the cases of Ex-Capt. Harish Uppal v. Union of India and another 2003, Krishnakant Tamrakar v. State of Madhya Pradesh 2018, as well as the recent order of the Supreme Court in Faizabad Bar Association vs. Bar Council of Uttar Pradesh & others. Against this backdrop, the single judge remarked: "Accepting a strike resolution may amount to misconduct on the Presiding Officer's part inviting recommendation for disciplinary action against the concerned officer, who adjourns the case in deference to a resolution of the Bar asking members to abstain from their professional duties in Court. In addition, such office bearers may also have to be removed from office". Accordingly, the High Court issued a show cause notice to the SDM concerned. The Court also sought full particulars of the Bar Association, its President and Secretary in the affidavit on whose call the Advocates abstained from their professional duties in the Court of the Sub Divisional Magistrate, Koil, District Aligarh. The matter will now be heard on August 6.Case title - Ashok Kumar vs. State Of U.P. And 4 OthersClick here To Read/Download Order

'Adjourning Case Over Bar's Strike Proposal Could Invite Disciplinary Action': Allahabad HC Issues Show Cause Notice To SDM

Sparsh Upadhyay

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